Traditional Knowledge Laws: Lesotho

Subject Matter of Protection

Section 1 - Interpretation

"expression of folklore" means production consisting of characteristic elements of the traditional artistic heritage developed and maintained over generations by a community or by individuals reflecting the traditional artistic expectations of their community.

Section 19 - Utilizations subject to authorization

(2) The following expressions shall be considered to be expressions of folklore,
      (a) folk tales, folk poetry, riddles;
      (b) folk songs and instrumental folk music;
      (c) folk dances, plays and artistic forms of rituals;
      (d) productions of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, basket costumes; and
      (e) traditional musical instruments.

Section 4 - Derivative works

The following shall also be protected as original works,
(c) works inspired by expressions of folklore. 

Scope of Protection

Section 19 - Utilizations  subject to authorization

(1) Subject to the exceptions  provided for in section 20, the following utilizations of expressions of folklore are subject to authorization by the by regulations when they are made both with gainful intent and outside their traditional or customary context,
      (a) any publication, reproduction and any distribution of copies of expressions of folklore; and
      (b) communication to the public, including recitation, performance, broadcasting or distribution by cable, of expressions of folklore.

Section 21 - Acknowledgement of source

Subject to subsection (2), in all printed publications, and in connection with any communication to the public, of any identifiable expression of folklore, its source shall be indicated in an appropriate manner, by mentioning the community or geographic place from where the expression utilized has been derived.
Subsection (1) shall not apply to utilization referred to in sectioni 19(2)(c) and (d).

Section 23 - Scope of protection

(1) The protection of expressions of folklore under this Order shall in no way be interpreted so as to hinder the normal use, maintenance and development of such expressions.

Exceptions and Limitations

Section 20 - Exceptions

Section 19 shall not apply in the following cases,
(a) utilization for the purposes of education;
(b) utilization by way of illustration in an original work of an author or authors ;
Provided that the extent of such utilization is compatible with fair practice;
(c) borrowing expressions of folklore for creating an original work of an author or authors inspired by folklore;
(d) incidental utilization of expressions of folklore, including, in particular,
      (i) utilization of an expression of folklore that can be seen or heard in the course of a current event for the purpose of reporting on that current event by means of photography, broadcasting or sound or visual recording:
Provided that the extent of such utilization is justified by the informatory purposes; and
      (ii) utilization of objects containing the expressions of folklore which are permanently located in a place where they can be viewed by the public, if the utilization consists in including their image in a photograph, in film or in television broadcast.